Return to work
November 15, 2013 Stringer LLP Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
Most employers are likely familiar with the WSIB return to work process which often involves a WSIB employee attending at the workplace for the purpose of identifying suitable and sustainable work for the injured worker. In circumstances where there is a dispute about whether a position is suitable and/or available, the WSIB will examine the circumstances and make a written decision. The worker and the employer have the right to appeal an adverse decision initially to the WSIB Appeals Branch and ultimately to the independent Workplace Safety and Insurance Appeals Tribunal.
canadian employment law, civil action, company could not accommodate the worker, Disability, discrimination based on disability, duty to accommodate, employment law, human rights application, human rights tribunal, litigate accommodation issues in multiple forums, Return to work, suitable and sustainable work for the injured worker, temporary modified work program, workers compensation, workers’ compensation boards, Workplace Safety and Insurance Appeals Tribunal, wsib, WSIB accommodation dispute
September 27, 2013 Marcia Scheffler Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Training and Development
So your employee is off work again for the third time this year, you have no idea when they are coming back and their physician’s note is a vague cipher. It is not a work injury, so you know you don’t have to worry about WSIB, but it is a staffing issue for your organization and a serious concern. What should you do?
accommodation, Disability, duty to accommodate, early and safe return to work, employee disability, Employee illness, fitness to return to work, managing absenteeism, Ontario human rights commission, Ontario Human Rights Tribunal, return an employee to the workplace after an extended absence, Return to work, Return to work policy, return to work process, right to return to the same job or a comparable one, staffing issue, work-related claims, wsib, WSIB work reintegration policies
August 13, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights
In a recent decision, General Motors of Canada Limited v. Johnson, the Ontario Court of Appeal provided clarity on an employee’s burden of proof when alleging constructive dismissal based on a poisoned work environment.
allegations of racism, bullying, canadian employment law, claim for disability, constructive dismissal, constructive dismissal based on a poisoned work environment, Court of Appeal, employer had repudiated the employment contract, employment contract, employment law, evidentiary burden, hostile work environment must be persistent or repeated, offers of employment, pattern of conduct, poisoned work environment, race, Return to work, stand-alone incident, systemic or institutional racism, where serious wrongful behaviour is demonstrated, workplace accommodation
July 2, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Union Relations
An employee’s right to ensure workplace safety versus an employee’s right to privacy – these competing rights have been present in the workplace for many years. On one hand, employers must be able to adopt policies to protect their workforce and abide by statutory health and safety obligations. On the other hand, employees expect that they will not be subject to intrusive policies that unreasonably infringe on their privacy expectations.
alcohol use, canadian employment law, collective agreement, dangerous nature of the workplace, drug and alcohol testing policy, employees’ rights to privacy, Employer’s random alcohol testing policy, employer’s unilateral rule-making authority, employment law, health and safety obligations, invasion of privacy, management’s right to implement policies impacting the workforce, policies and procedures, random alcohol testing component, random alcohol testing was unreasonable, reasonableness standard of review, Return to work, safety concerns, substance abuse, workplace incident, workplace safety
May 22, 2013 Stringer LLP Employee Relations, Health and Safety, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant alleged discrimination based on disability when her employer refused to allow her to return to work after a three day absence. The employer would not allow the applicant to return to work without providing it with specific medical clearance that she had returned to her “prior state” of health.
called in sick, damages for lost wages, discrimination, discrimination based on disability, duty to accommodate, employment law, epilepsy condition, feelings and self-respect, hours of work had aggravated her disability, human rights code, human rights tribunal, injury to her dignity, medical clearance, medical information, off work sick, request for medical information, Return to work, safety related concerns, seizure at work, three day absence, workplace accommodation, WSIB obligations
May 16, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.
Adverse treatment, Disability, discrimination, dishonesty, dismissing for just cause, duty to accommodate, employee’s dismissal, employment law, human rights tribunal, involuntary retirement, just cause, leave of absence, long absence, Pensions and Benefits, retiring allowance, Return to work, settlement, severance payment, tax withholding, termination, terminations, Treating employee negatively, workplace investigation
April 22, 2013 Clear Path Employer Services Health and Safety, Human Resources
Think workplace safety concerns only impact employees in traditional industries? Think again. Even well-known Hollywood stars can be impacted by a lack of due diligence in their workplaces. Here are some of the celebrities who have been involved in a serious workplace accident.
anna aceto-guerin, celebrities, Clear Path, clear path employer services, consulting, employee injuries, employment law, Film industry, health and safety policy, health and safety training, Hollywood, hollywood health and safety horrors, hollywood horrors, hollywood safety, HR issues, injuries, movies, occupational health and safety, occupational health and safety act, OHSA, Return to work, workplace accidents, workplace health and safety, Workplace injuries, wsib
April 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.
breach of the Code, comparable job, damages for injury to dignity, depression, duty to accommodate, employee was to be reinstated into a suitable position, employee’s need for accommodation, employment law, extended absence, feelings, Human rights complaint, leave of absence, long-term disability benefits, lost wages, LTD, medical evidence, medical information, not open to accommodating the Applicant, occupational health and safety act, Ontario Human Rights Tribunal, Ontario Teachers Insurance Plan, OSHA, personal liability, post-traumatic stress disorder, pre-injury position, reinstatement, return an employee to the workplace after an extended absence, Return to work, school board, self-respect, total wage loss
January 4, 2013 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits
After 20 weeks of parental leave, I’m back in front of my computer, checking my email, catching up on workplace changes, putting together a schedule and generally getting back into the swing of things. Per the law, my employer has reinstated me to the same position I left (at the same wage), although with some accommodation to ease my transition, and I will no doubt be expected to perform up to my previous standard. I know I’ll need the help!
accommodating family status, accommodation, accommodation on the basis of family status, accommodation policy, assist employees who are caring for family members, discrimination, Due diligence, employee requests for accommodation, employment law, family status, leave of absence, maternity and parental/adoption leave, my employer has reinstated me to the same position, parental leave, productivity, prohibited ground, Return to work, stress, work-life balance
September 6, 2012 Stuart Rudner, Rudner Law Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
In recent years, employers seem to be struggling with “missing employees” that provide vague doctors’ notes and then disappear, assuming their job is safe. What can employers do? Do you have the right to ask for medical information? Can they dismiss the employee if they don’t provide proper justification for their absence?
abuse of sick leave, accommodated with modified duties, accommodation, accommodation options, Employees with disabilities, employment law, employment relationship, Functional Abilities Form, get out of work free cards, Human rights complaint, job description, Labour Law, medical documentation, medical information, proper justification for absence, Return to work, sick leave, termination of the employment relationship, time off
June 7, 2012 Adam Gorley Accessibility Standards, Conferences, Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Privacy and Security, Standard for Customer Service, Union Relations
You’ve probably already heard about the Ontario Employment Law Conference coming up on June 13—that’s next Wednesday!—but have you registered yet?
Accessibility for Ontarians with Disabilities Act, AODA, attendance management, cross-border employee transfers, economic recovery, employment law, just cause, Ontario Employment Law Conference, pay equity act, Return to work, Stringer LLP, terminating benefits after employment, termination, union certification, wsib
May 9, 2012 Marcia Scheffler Health and Safety, Human Resources, Training and Development
Do you, like 98 percent of Ontario businesses, employ 100 or fewer employees? Then you should try SCIP-ing into spring with the Workplace Safety and Insurance Board’s Safe Communities Incentive Program.
employment law, health and safety action plan, health and safety association, health and safety compliance, Health and Safety program, illness at work, lost time injuries, Ministry of Labour, occupational health and safety act, OHSA, ontario, prevention, Return to work, return-to-work program, risk management, Safe Communities Incentive Program, Safety Groups, SCIP, senior management, small business, workplace injury, Workplace Safety and Insurance Act, Workplace Safety and Insurance Board, WSIA, wsib, WSIB premium rebate
May 4, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Health and Safety, Human Resources
Workplace bully’s tirade amounts to constructive dismissal When a general manager at a health club felt repeatedly harassed by one of the owners, he claimed the company constructively dismissed him… (In PDF) MOL releases OHSA reprisal guidance for workers and employers The Ontario Ministry of Labour has released a guide for workers and employers […]
bullying, constructive dismissal, employment law, HRinfodesk, OHSA, OHSA reprisal, Return to work, workplace harassment, workplace violence
February 3, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Human Rights
The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…
barred from hearing application, Civil court, Disability, discrimination, duplication of claims, employment law, forum-shopping, human rights code, human rights tribunal, ontario, Ontario Human Rights Code, reprisal, Return to work, sex, short-term disability leave, statement of claim, termination, wrongful dismissal
December 1, 2011 Stuart Rudner, Rudner Law Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits
As more employees spend time on leaves of absence, employers seem to be struggling to understand their rights and obligations…
accommodation, Costco, Disability, Disability benefits, disability insurance, disability management, downsizing, duty to accommodate, eligibility for disability benefits, employment law, frustration of contract, Leaves of absence, maternity leave, medical evidence, medical leave, ongoing absence, parental leave, pregnancy leave, Return to work, right-sizing, terminating employee on leave, termination, undue hardship, wrongful dismissal